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(영문) 창원지방법원마산지원 2020.12.23 2020고단1091

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 28, 2014, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Changwon District Court's Msan Branch for a violation of the Road Traffic Act.

On October 14, 2020, at around 21:00, the Defendant driven DK7 vehicles while under the influence of alcohol by 0.033% in blood alcohol concentration on the roads from Haban-gun B through 1.5 km to C.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. A written statement prepared by the defendant E in court;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which led to the instant crime even though the Defendant had been punished for drunk driving.

However, the defendant stated that he is aware of and against the facts of crime.

The blood alcohol concentration is not high.

There is no record of punishment except for the above electricity.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.